Liebeck v McDonalds
In 1994, Liebeck v. McDonald's Restaurant, also referred to as the "McDonald coffee case," was a popular case in the U.S. because it was considered frivolous. The case centers around a woman by the name of Stella Liebeck, who spilled hot coffee on her lap which she purchased from McDonald's. As a result, she suffered from third degree burns and decided to sue the restaurant for her third degree burns. Her lawsuit was granted and she gained millions of dollars from the case. The coffee was scalding hot and had the potential to cause serious damage to the skin if exposed to it (Letric Law, 2011). The major focus of this paper will be to critically analyze the McDonald coffee case on the stated facts, issues, applicable laws, and decisions made by the judge and jury.
What are the facts?
Associated with Liebeck v. McDonald's case are several facts. Stella Liebeck was a 79-year-old from Albuquerque, New Mexico. She made $5,000.00 a year as a sales clerk (Cain, 2008). In 1992, Stella was seated as a passenger in the car of her grandson Chris on the twenty-ninth day of February. The owner of the car, Chris, was driving a Ford Probe. Chris drives to McDonald's to purchase a cup of coffee which was served in a Styrofoam cup (Letric Law, 2011). Once the order was completed, Chris drives away from the drive-thru window, and stops the car so Ms. Liebeck could add cream and sugar to her coffee. However, she had trouble getting off the lid. She then placed the styrofoam cup between her legs, thus freeing her two hands in order to be able to remove the lid (Letric Law, 2011). When she proceeded to remove the lid while holding the cup between her legs, the entire cup spilled onto her thighs (through her sweatpants) and was immediately absorbed through her sweat suit as if she was immersed in scalding liquid (Gerlin, 2002). The beverage was found to be at a temperature between 180-190 degrees Fahrenheit, about 70 degrees hotter than the average cup of coffee. This extreme temperature resulted in Ms. Liebeck suffering third-degree burns over 6% of her 79-year-old body, and having to spend over a week in the hospital; undergoing two reconstructive (not cosmetic) skin grafts, where skin was shaved from one part of her body and placed on top of the burned areas (Cain, 2008). From that moment on, Ms. Liebeck was never able to bend or use her legs to the same extent as previously, and the overall quality of her life was severely affected (Gerlin, 2002). Ms. Liebeck filed suit against McDonald only seeking compensation for the cost of her medical bills, which totaled more than $20,000, and McDonald refused to settle out of court and insisted on a trial (Cain 2008).
What are the issues?
The issues in the lawsuit of Ms. Liebeck v. McDonald's Restaurants would include (1) if McDonald's been negligent by serving hot coffee to its customers?; and (2) if McDonald's defective product "the hot coffee" was the cause of the injury sustained by Ms. Liesbeck?
What law applies?
The applicable law in the hot coffee case will evolve around "product liability," the "tort of negligence," and the "contributory and the comparative negligence." According to Bagley & Savage, the definition of "product liability" is the "legal liability manufactures and sellers have for defective products that cause injury to the purchaser, a user or bystander, or their property" (Bagley & Savage, 2010, p.335). The argument for "product liability" is that McDonald's was aware but still choose to serve their coffee hot and therefore should have foreseen the possibility that their customers could accidentally get burn by spilling the hot coffee on themselves. The jury was further surprised to learned that during the prior ten years, McDonald's had received more than 700 reports of coffee burns ranging from mild to third-degree, and had settled burn claims for amounts up to and exceeding $500,000 (Lexis-Nexis, 2008). I believe that this law applies to the hot coffee case since McDonald's was the seller of this product. The coffee was manufactured "defectively" due to excessive heat; the high temperature of the coffee presented an unreasonable risk of injury, which indeed was the basis of Ms. Liebeck sustaining a third degree burns (Bagley & Savage, 2010, p.305). . If the McDonald's product was not defective, Ms. Liebeck might have just suffered a first degree burn, without much damage to her skin.
The "tort of negligence" is also applicable to this case because according to Bagley & Savage, "negligence" is defined as "conduct that involves an unreasonably...
TORT LAW Tort Law: Liebeck v. McDonald�sStep 1For this discussion, I elected to focus on the Liebeck v. McDonald�s (1994) case. Sometimes in 1992, Liebeck bought coffee from McDonald�s which she ended up spilling on her lap � causing third degree burns on her thighs as well as genital area. She later on filed a suit accusing the fast-food and restaurant chain of negligence in the United States District Court
Stella Liebeck, who sued fast-food giant McDonald's for compensation, owing to several third-degree, and some second-degree, burns, sustained by her from a cup of scalding McDonald's coffee; and 2) Roy L. Pearson, who sued dry cleaning service, Custom Cleaners, for a compensation of many million dollars, owing to the loss of a pair of his trousers. The facts, issues, laws, ethical issues, and jury decision for both cases, as
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